State Rep. Zach Cook from Ruidoso co-sponsored the bill

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Plenty of delicious baked goods are sold at fundraising events throughout New Mexico, but those bakers are banned from selling at farmers markets.

Beth Miller, one of the founders of the Ruidoso Downs Artisans and Farmers Market, said many of the market vendors and would-be vendors are pressing for passage by the state legislature of House Bill 463, enacting the Food Freedom Act, providing for the limited sale of un-inspected food items.

Rep. Zach Cook, a Republican from Ruidoso representing House District 56, and Alonzo Baldonado, a Republican from Los Lunas representing District 8, co-sponsored the bill.

By Friday, it had been referred to, but not heard by the House Agriculture, Water and Wildlife Committee and the Commerce and Economic Development Committee. The legislative session ends in mid-March.

One of the vendors at the Ruidoso Downs Farmers and Artisans Market unloads her produce for sale.(Photo11: FILE)

Miller said she knows of many people who want to sell baked goods at the farmers market and who have given vocal support to the bill.

“Their need and desire to sell more directly to the public probably has been the most important driving force,” she said. “Seeing that and Zach’s willingness to give it a go, has made it happen.”

New Mexico has some of the most restrictive rules in the United States regarding cottage industries, Miller said.

“What we’re seeing in Texas is a more lenient approach, moving toward acknowledging when you go to a farmers market, a customer knows they are entering an arena or purchasing food prepared in someone’s home,” Miller said.

“I support people attending food classes to make sure they know (technical information on food temperatures and other issues), just keeping everything really clean. But New Mexico has had laws as silly as only allowing one person in a kitchen. There are some things that may have seem like a good idea at the time, but are not functional or realistic," she said.

“We’re supporting a move toward more leniency, while at the same time maintaining cleanliness."

HB 463 details

The legislation reads that its purpose is “to allow for a producer's production and sale of homemade food or drink products for an informed end consumer's home consumption and to encourage the expansion of agricultural sales at farmers markets, ranches, farms and producers' homes by facilitating the purchase and consumption of fresh and local agricultural products, enhancing the agricultural economy and providing New Mexico residents with unimpeded access to healthy food from known sources.”

"Homemade" is defined as food that is prepared or processed in a private home kitchen that is not licensed, inspected or regulated. “Informed end consumer" means a person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated or inspected.

The bill would exempt those sellers from state licensure, permitting, inspection, packaging and labeling requirements. Sales only could occur in New Mexico and for home consumption. Live animals could not be sold and signs should be displayed informing customers which spaces are offering inspected items and which are not.

Nothing in the act should be construed as impeding the ability of the health department to investigate food borne illnesses or as a change to the requirement for brand inspections or animal health inspections, the bill states.

“I think we’re moving in the right direction and I thank Zach and the co-sponsor fort that,” Miller said. “I’m really grateful the two introduced it.”

One of the artisans with her items for sale at the farmer's market.(Photo11: Courtesy Photo/Beth Miller)

She would support a requirement that sellers be mandated to take a food handling course, she said, adding that she also would consider documented years worked in food service as a fair substitute.

The Ruidoso Downs Artisans and Farmers Market is entering its fifth year after a previous eight years with a lot of discussion, but no action, Miller said.

Founders and supporters of the market are hoping to see expansion in the coming years.

“A long-term goal is to get greenhouses going,” Miller said. “Currently, there has been an increase in agriculture in the valley and it would be good to see the orchards going again. We have grass-fed beef from Roswell, but it would be good to have more access to organically fed livestock and some poultry. We have eggs and we’ve had duck, turkey, quail and goose.

“Whatever we can do to be (self) sustaining as a county would be wise.”

Market adjusts to the seasons

The market is authorized to operate through December at All American Park in Ruidoso Downs, but business slows in October.

During the summer peak, more than 20 vendors participate. The artisans, who make all types of handmade articles, are a mainstay as vegetables and other fresh produce diminishes with the change of season, Miller said. Continuing into December would be more feasible if some protection from the weather was available, and with greenhouses, availability of produce could be extended, she said.

The market really gets moving in May when the Ruidoso Downs Race Track opens for the season, but artisan vendors may show up as early as March.

“We need more farmers. Anybody who has enough to sell,” Miller said. “It’s a problem for many small markets in New Mexico. I love what that park does for Ruidoso Downs and now there is a brewery down the road. “

With some cooperation, that area of the city along U.S. 70 could see an expansion in activity, she said.

“Artisans are a big part of the market, having a place people can come to sell home baked goods and hand-crafted items is really important, especially in New Mexico,” Miller said. “It really makes a difference in people’s lives to have some extra money. People don’t need to ask for help when they can do it themselves.”